When a drunk driving auto accident occurs, you might assume that the drunk driver is the liable party. This is usually true, but it is also possible for a bar, or dram shop (which includes other entities, as well), to be held accountable and liable for your damages. Liability could be found with a bar that continued to serve someone alcohol after the customer was visibly intoxicated and then allowed them to leave in their own vehicle, and it could even be the host of a private party, depending on the situation. The reason that there are dram shop laws is because we want to encourage those who serve alcohol to be diligent and aware when it comes to preventing drunk driving auto accidents in Indiana.

Because of this potential liability and the potential damage and deaths that drunk driving can cause, you need to always do everything you can to prevent anyone from driving drunk, especially if you are the one who was serving them alcohol. Serving alcoholic beverages, even in your own home, means that you are taking on some responsibility for making sure that nobody who gets drunk operates a vehicle.

Dram Shop Laws Affect Those Who Serve Alcohol in Indiana

The Dram Shop Act refers to anyone who sells or provides any alcohol, even those who are hosting parties from their own homes. Not all states have laws that address this liability, but Indiana is one that does.

If you serve alcohol to others, you have a responsibility to stop serving them when they become obviously intoxicated, and if they do, then you must stop them from driving when they are drunk. If you serve alcohol to another person, allowing them to become intoxicated (over the legal limit) and then allowing them to get into a vehicle and drive away, then you could face liability in any auto accidents that are caused by the drunk driving.

What if the Driver is Just Buzzed and Not Really Drunk?

It is a common mistake for people to assume that someone is not drunk, only buzzed. You may make this mistake when evaluating your own level of intoxication before driving or when evaluating the level of intoxication of someone else, whom you then allow to drive away. In fact, this mistake is much too common and causes many injuries and deaths each year. It is important, therefore, to understand that buzzed driving is drunk driving. If you are buzzed at all, then your BAC (blood alcohol content) is likely higher than the legal limit. You would be better off getting a ride from someone who is sober or just staying where you are.

Indiana was the first state in the United States to set a legal limit for a driver’s BAC, in 1939. It started with a BAC limit of .15%, which has now dropped to .08% as people around the US realized that even .15% was too high for a driver to be safe on the road. However, if you are pulled over, and your BAC is lower than .08%, you can in the discretion of the officer still be arrested for driving while impaired if the officer thinks you are impaired. Even if you are not arrested, your actions could still lead to dangerous auto accidents where you can still be held legally responsible for the damages, injuries, and deaths that you may cause.

Legal BAC Limits for Indiana Drivers

In Indiana, we have laws against OWI or operating a vehicle while intoxicated and there are specific limits set for your BAC when driving based on your age and occupation. We have already pointed out that the limit has changed over the years from .15% to .08%, and .08% is generally the standard throughout the US. However, if you are under the age of 21 or if you are a commercial vehicle driver, then the limits are lower.

For someone under the age of 21, the legal BAC limit is just .02%. A single drink could lead to serious repercussions for someone under 21 years old. If you are a commercial vehicle driver, and you are presently driving for commercial purposes, then the legal BAC limit is only .04%. It is also important to be aware that you may be acting perfectly sober, and even driving safely, but if you are caught with a BAC that exceeds the limit, you are still going to face consequences.

What Happens When Drunk Drivers Cause Indiana Auto Accidents?

When you or someone you love has been injured or killed because of an auto accident that was caused by a drunk driver, you do have legal rights to recover compensation for your damages. It helps to know that the drunk driver will face legal consequences, but to get financial compensation for your losses, expenses, and various damages, you will need to file a claim. You might file a claim against the drunk driver and/or the dram shop that allowed that individual to become intoxicated and then to leave the location in a vehicle. It all depends on the details of your case, whether or not the at-fault driver has insurance, and whether or not their auto insurance policy is sufficient to cover the extent of your damages.

Consult with an Indiana Lawyer About Auto Accidents Caused by Drunk Drivers

To learn more about your rights and options after a drunk driving auto accident, call the Indiana auto accident attorneys at Rowe & Hamilton. We will provide a free consultation, evaluate your case, and offer our advice in how to proceed. If you require legal representation, as most victims of Indiana drunk driving auto accidents do, we will be happy to assist you in filing your claim, evaluating and investigating the damages and circumstances of the incident, and recovering a fair sum of compensation for your losses.

Taking a leisurely drive down a scenic street lined with fall-colored trees or freshly fallen snow can be relaxing, helping to relieve daily stress or problems. Yet, there are potential pitfalls caused by weather changes, roadway hazards, traffic jams, and other distracted drivers. In fact, distracted driving is one of the most common causes for auto accidents across the United States.

The Dangers of Distracted Driving

In 2012, according to The US Department of Transportation, a distracted driver texting was 23 times more likely to be involved in a car accident. Texting and driving is the cause of more than 3,300 deaths and over 421,000 injuries.

Beyond cell phone use, distracted driving is anything that takes your eyes off the road or hands off the steering wheel. During the holidays, increased traffic or busy schedules pose even greater threats.

We all know how busy the holidays are: picking up last-minute gifts, traveling across the country to visit family and friends, running late, sending text messages, and talking on the phone while running errands. All of these distracting activities can lead to auto accidents in Indianapolis, IN.

Distracted driving is more prevalent during the holidays because of increased travel and busy schedules. Holiday activities increase stress levels and fatigue, particularly in drivers. Reading maps, personal grooming, adjusting the radio or GPS program, eating or drinking, smoking, watching a video, talking to passengers in your car, or using a cell phone distracts from the task of driving.

What Are the Texting and Driving Laws in Indianapolis, Indiana?

Distracted driving during the holidays can increase your chances of being in an accident. Contact Rowe & Hamilton to discuss your case.

During the day, approximately 660,000 drivers use cell phones while driving. Teens are the largest age group reported as distracted at the time of an accident or fatal crash. The National Highway Traffic Safety reports handheld cell phone use is highest among 16 to 24-year-old drivers.

The Indiana state law concerning texting and driving took effect in 2011. While not as tough as some other states, the law does stipulate higher fines and imposes restrictions on the use of other electronic devices while driving, in addition to cell phones.

Indiana does not have a hand-held ban for all drivers, just a ban for all drivers from texting messages. This means, if you are 18 or older, you can use a hands-free cell phone while driving.

The Indiana law prohibits drivers under 18 from talking on their cell phones, composing and sending text messages while driving, or being on a hands-free device. They cannot legally use any electronic device when behind the wheel.

Who is Considered Liable for a Distracted Driving Car Accident in Indiana?

Indianapolis, Indiana uses the “Modified Comparative Negligence” rule. If you are 51% or more at fault for a distracted driver auto accident, you cannot recover compensation for your damages.

However, if you are less than 51% at fault, you can get compensation for damages with your percentage of fault deducted from the value of the total damages. Say you have $1000 in damages and you are 30% at fault, this means you can recover 70% of your damages, or $700.

Indianapolis drivers are also required to carry liability insurance on their auto policies because Indiana is an at-fault state. The minimum coverage required is $25,000 for death or injury per person, $50,000 for injury or death per accident, and $10,000 property damage per accident.

If you have been in an accident caused by distracted driver, you must file a claim as soon as possible. An Indiana driver’s statute of limitation on filing a personal injury claim is two years from the date of the accident, injury, or death of an accident victim.

What Can I Do to Help Prevent Distracted Driving in Indiana?

Pull over and park in a safe location if a call or text is absolutely necessary

Change your voicemail greeting to inform callers you are on the road and will return their call when you can do so safely.

Install an app that blocks text messages, phone calls, and other alerts when driving,

Prepare for driving. Review maps, adjust your radio, eat, and make any phone called needed before you drive.

Families can educate members, especially teens, on preventative measures to take prior to driving to prevent distractions, especially during the busy holiday season. Use examples showing your teen how distracted driving is a challenge for you, too. Make it a family problem that needs solving.

You could even enroll your teenager in a defensive driving course to teach them strong safety techniques and good driving habits. By doing so, you may also qualify for an insurance discount.

Consult with a Car Accident Attorney in Indianapolis, Indiana

If you or a loved one becomes a victim of a distracted driving car accident during the holidays, reach out to Rowe & Hamilton for a confidential, free initial consultation.

Car accidents are a daily occurrence in Indianapolis, no matter what weather Mother Nature may throw our way. However, with winter upon us, car crashes due to bad weather increase. Traffic is bad enough in the best of conditions. When you add fog, rain, sleet, snow, or freezing rain, you create an accident waiting to happen. If you are in an accident in bad weather, you may be wondering how you can determine car accident liability and how the weather factors into your car crash in Indianapolis, Indiana.

Car Accident Liability and Safe Driving in Indianapolis, Indiana

As a driver, you have a duty to others on the road to maintain control of your vehicle to avoid a car crash. In bad weather, it is important to prove the driver failed to maintain control of the car due to driver negligence rather than the weather.

For example, if a driver were to spin out of control in the rain, snow, or icy conditions and collide with another car, that driver is liable even if he or she were under or at the recommended speed limit.

Why? Every driver on the road should make accommodations to compensate for the weather conditions making the roads more hazardous. If a driver fails to do any of the following during bad weather, then it may be easy to prove car accident liability in your case:

Do not replace worn tires or windshield wipers

Do not use their wipers or lights in bad weather

Are distracted while driving

Are driving drowsy or fatigued

Are aggressively or recklessly driving

Do not obey traffic signals or road signs

What Does Modified Comparative Negligence Mean in Indiana?

Indiana car crash cases are a bit differently than in other states. Indiana uses the “Modified Comparative Negligence” rule. If you are 51% or more at fault for a distracted driver auto accident, you cannot recover compensation for your damages.

However, if you are less than 51% at fault, you can get compensation for damages with your percentage of fault deducted from the value of the total damages.

An Indiana driver’s statute of limitation on filing a personal injury claim is two years from the date of the accident, injury, or death of an accident victim. For this reason, you should reach out to a car accident attorney as soon as possible after your wreck. Your attorney can help you determine what percentage at fault you may be found at depending on the details of your case, and based on this information, ensure your claim is filed within a timely manner.

What Do You Do After a Car Accident in Indiana?

First, never leave the scene of an accident. Leaving the scene can result in having your driving privileges revoked or your license suspended.

After stopping, pull up close to the accident as safely as possible, without obstructing traffic. Do not panic. Be aware of the traffic situation and any other potential dangers, like a car fire.

Notify 911 – report any injuries and call for medical assistance.

It is mandatory to report the accident to the Indiana police if the accident results in death, injuries, or property damages amounting to $1000 or more.

In some cases, you must report the car crash to the Indiana Bureau of Motor Vehicles (IBMV). You must submit a completed Operator’s Proof of Insurance and Crash Report Form within 10 days of an accident involving an injury or death.

Schedule a Consultation with a Indiana Car Accident Attorney

If you have been injured in a car crash and are not sure how to determine car accident liability, you need to know you have options. Call for a confidential, free legal consultation with the car crash lawyers at Rowe & Hamilton in Indianapolis, Indiana. They will help to alleviate some of the stress and anxiety associated with your case.

In today’s world of technology, Indiana drivers are more likely to get into distracted driving auto accidents, yet the use of technology can also allow us to make amazing progress in minimizing the likelihood of auto accidents. Wouldn’t it be nice if you could get an auto accident prediction the same way you get a weather prediction? Well, it turns out that you can do just that.

Introducing the Indiana Daily Crash Prediction Map

We now have a helpful and unique system for predicting auto accidents in Indiana. A new website with the Indiana Daily Crash Prediction Map uses various current information and past data to predict the number of auto accidents that are going to happen in any given area within the state. The information used includes how many auto accidents have occurred on the same day in years past, what the weather is currently like and how that weather has impacted the likelihood of auto accidents in the past, and the present conditions of the roads and the traffic.

It also takes into account any improvements that have been made or are going to be made. For instance, if one particularly dangerous road has been recently improved or improvements are planned in the near future, then this will minimize the number of auto accidents predicted on that particular road as of the time when the improvements are made.

Discover how technology is helping us predict auto accidents in Indiana. Reach out to Rowe & Hamilton today.

When you visit the site, you can view the map, which will show whether the risk of getting into an auto accident in a given area of the state is very low or high at any given time. The state is divided into kilometer square blocks, with each block being rated on the level of risk of an auto accident occurring in that area. It is fairly effective, thanks to years of auto accident data, which show that over two million auto accidents have happened in the state in the past 13 years.

You can even see the information relevant to the various accidents that have occurred, by zooming in on a given area. You can learn how different auto accidents were caused in the past and how severe they were. The predictions on this map are only available within three hour time frames, and you can only see the present day’s predictions. Still, it is a wonder of innovation to allow drivers to access this kind of information and take precautions to avoid becoming one of the statistics in a given area.

If you make use of this system, you might make better informed choices concerning the route that you take to get somewhere and what time you decide to leave your location to get to another. You can easily learn which routes are safest for drivers, and start using them. If a lot of people start using the system, then there could be profound benefits for the state. If the rate of auto accidents drops by even one percent, that reduces auto accident damages by as much as $35 million. The map also makes it possible for the first responders to auto accidents to have better information about where their resources are most needed to save more lives.

Preventing Auto Accidents with Safe Winter Weather Driving

While this auto accident prediction system is a great tool to help minimize auto accidents in Indiana, it is still more important than ever for drivers to have safe winter weather driving habits. Simply taking precautions and knowing how to handle various winter weather conditions could make a tremendous difference in the rate of auto accidents in our state if everyone takes the time to learn, practice, and be safe and aware. Of course, if you can avoid getting out in bad weather, this is your best option, though it isn’t always possible.

If you must get out of the house in bad winter weather, then you would be wise to check the Indiana Daily Crash Prediction Map, choose the safest route, and make sure that you are entirely prepared for anything that the winter weather traffic might throw at you.

For instance, making sure that your vehicle is safe is one of the most important things that you can do. Your vehicle needs to be well maintained, especially in the winter, so that you do not end up in auto accidents caused by bad tires or find yourself stranded in winter weather without gas. You have to make sure that your car is prepared for winter weather driving in Indiana. You can do this by getting regular tune ups, making sure that you have gas in your car, making sure you have good winter tires and a spare.

Keeping an emergency kit in your vehicle just in case something happens is also a good idea. You can keep water, food, a phone charger, a flashlight, a blanket, a first aid kit, and anything else that might help you in an accident or a situation where you’re stranded.

What To Do After a Winter Weather Auto Accident

All too often, all of the precautions in the world are not enough to prevent a winter weather auto accident in Indiana. There are many things you can do to improve your safety, minimize the likelihood of an accident, and be prepared in case one happens; but ultimately, there are going to be auto accidents, whether you can predict them and try to avoid them or not.

Consult with an Indiana Auto Accident Attorney Today

If you have been injured in an auto accident this winter, and if your accident was caused by someone else’s negligence, then you should be able to recover fair compensation to cover your property damage, medical expenses, lost wages, and other losses. To find out how you can do this, call Rowe & Hamilton Attorneys at Law for a free consultation. We are here to help you get the compensation that you deserve and avoid being taken advantage of by insurance companies. Your consultation is free, so you have nothing to lose. Call today.

Auto accidents can cause a variety of serious injuries, and head injuries are among the most devastating. Yet, head injuries can range in severity, with milder injuries presenting few symptoms in the immediate aftermath. Sometimes, what seems like a mild (or even undetected) head injury turns out to be far more serious than anyone suspected.

Head Injuries Caused By a Car Accident in Indianapolis

Victims of auto accidents face many hazards when the collision occurs and afterwards. When it comes to head injuries, many believe that they are less common these days because of all of the advancements in safety equipment in vehicles. After all, the person was probably wearing a seatbelt and may have had a quality airbag to minimize the impact. It is very true that these safety features can minimize your injuries, though they cannot protect you from everything.

An airbag might prevent your head from striking the steering wheel or the dashboard, if you have airbags. The seatbelt might even protect you from this, if you’re wearing it. Yet, you could still hit your head on a window, on the roof of the car, or have your head struck by some flying debris. In rollover accidents, the head is extremely likely to be injured by the impact of the vehicle rolling, the roof crumbling inward, and objects flying around the vehicle.

It is also extremely common for passengers in the back seat to not be buckled in, thinking that the back seat is somehow safer (it isn’t), and this is a frequent source of head injuries in Indiana auto accidents. Another concern that many aren’t aware of, and that leads to many head injuries being missed in the immediate aftermath of the collision, is that you can have a head injury without anything ever touching your head. If you have whiplash, a condition caused by the weight of the head snapping forward and back on the neck, then you may also have a traumatic brain injury, caused by your brain crashing into your skull. Nothing actually hits your head, so it may not even occur to you to think of this until it’s too late.

Sometimes, no matter how safe you are, the seatbelt fails, the airbag fails, or some other factor, in a sea of potential factors associated with auto accidents, occurs, and you end up with a head injury that might be fatal or have a lasting impact on your life.

Seeking Compensation After an Auto Accident Head Injury

If you are the victim of an auto accident that was caused by someone else’s negligence and which caused a head injury, you can recover compensation from the insurance policy of the at-fault driver. In some cases, you may also have uninsured or underinsured motorist coverage or other forms of coverage on your own policy that you can turn to. This is particularly helpful when the at-fault driver doesn’t have insurance or enough insurance to compensate you for your injuries. In cases where the auto accident was caused by a defective vehicle part, you may be able to seek compensation from the designer, manufacturer, or distributor of that part.

Even Mild Head Injuries Can Have Severe Consequences

Head injuries range in severity from mild to severe. Yet, this does not mean that mild injuries cannot result in very serious consequences for the victim. Rather, they are called mild traumatic brain injuries (TBIs) because they are on the milder end of the spectrum of head injuries that could happen. The most common example of a mild head injury is the common concussion.

A concussion can be caused by a variety of events, including what seems to be a minor bump to the head. Further, any motion that causes your brain to slam into your skull could cause a concussion. You may be able to recover from a concussion with little intervention, or you may end up with a somewhat more serious mild TBI. If you don’t seek medical attention to address your head injury, then you may even find that it becomes worse with time.

The symptoms that you are likely to experience with a mild traumatic brain injury include a headache, dizziness, sensitivity to light and/or sounds, and an inability to focus or concentrate your thoughts. You might also be extremely sleepy or unable to sleep at all. Some people notice significant cognitive deficits or unusual mood fluctuation, often with anxiety and irritability.

You are also far more likely to sustain another brain injury once you’ve experienced one. If you do anything to harm your head again, you could end up with more serious symptoms, and even a concussion could become a life-threatening situation, if you’re not careful.

Some Head Injuries Resulting from Car Accidents Are Life Threatening or Fatal

When a head injury is severe, especially if it goes untreated, it can quickly become a life-threatening condition; and for many people, it is fatal. When you narrowly escape death from a traumatic brain injury, you are likely to experience significant effects for the rest of your life. You may be hospitalized for a long time, as you recover, though you will probably never recover 100%. Many people end up in a coma from serious head injuries, and some never wake up.

Once you do recover, you may live the rest of your life with significant cognitive deficits, reoccurring headaches, and effects that require you to have constant care from medical professionals. Some people who survive severe traumatic brain injuries have entirely different personalities, with an increased tendency to get angry and upset, or a lack of empathy and understanding for others. You may face depression, difficulty connecting with your family members, and severe anxiety. You may also end up with long term sleep disturbance.

Call an Indiana Car Accident Attorney for a Free Consultation

If you or a loved one has sustained a traumatic brain injury after an Indiana auto accident, then you know how terrible the impact on your life can be. You also know how costly it is to treat the condition and the long-term effects. If your accident was caused by someone else’s negligence, then you are entitled to fair compensation for your damages. Call Rowe & Hamilton personal injury attorneys and car accident lawyers to learn more about how we can help you win that fight for compensation.

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